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some work permits get 1.5 years extension | godoy law office immigration lawyers

Some Work Permits Get 1.5 Year Extension

With a growing backlog, including 1.5 million pending requests for work permits, U.S. Citizenship and Immigration Services (USCIS) has issued a temporary 1 1/2 year extension on some work permits, including applicants pending EAD renewals or who will be filing for renewal soon. All U.S. employers are required to document proof of an employee’s eligibility to work. Employment authorization documents (EADs) are required for green card holders, H-1B spouses and other non-citizens to work in the United States.

This temporary rule authorizing an automatic 1 1/2 year extension for some work permits was announced May 3, 2022 and went into effect on May 4, 2022. The goal is to reduce the USCIS paperwork backlog, and prevent workers from losing their work permit and being forced to leave the United States at a time when businesses are facing a severe labor shortage.

The temporary Department of Homeland Security (DHS) regulation allows the automatic extension period for expiring Forms I-766 or EADs for some renewal applicants who have filed Form I-765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs: 

“This increase will be available to eligible renewal applicants with pending Forms I-765 as of May 4, 2022, including those applicants whose employment authorization may have lapsed following the initial 180-day extension period, and any eligible applicant who files a renewal Form I-765 during the 540-day period beginning on or after May 4, 2022, and ending October 26, 2023.” 

Current USCIS processing times are so slow that foreign employees who filed on time for EAD renewals are passing the previous 180 extensions without their applications being reviewed.

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